Rescission of Acceleration. The provisions of SECTION 6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), inclusive, of SECTION 6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement; (b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under SECTION
Appears in 3 contracts
Samples: Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp)
Rescission of Acceleration. The provisions of SECTION 6.3 e6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (ig), inclusive, of SECTION 6.1e6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding may, by written instrument filed with the CompanyConstituent Companies, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded:
(a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement;
(b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under SECTIONe6.
Appears in 2 contracts
Samples: Note Agreement (Unitog Co), Note Agreement (Unitog Co)
Rescission of Acceleration. The provisions of SECTION ss. 6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (il), inclusive, of SECTION ss. 6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded:
(a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement;
(b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium Make-Whole Amount on the Notes which has become due and payable solely by reason of such declaration under SECTIONss.
Appears in 1 contract
Samples: Note Agreement (Russell Corp)
Rescission of Acceleration. The provisions of SECTION 6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (ac) through (ik), inclusive, of SECTION 6.1, the holders of 66-2/367% in aggregate principal amount of the Notes then outstanding (exclusive of any Notes held by a Restricted Subsidiary or Affiliate) may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, ; provided that at the time such declaration is annulled and rescinded:
(a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement;
(b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under SECTION6.
Appears in 1 contract
Rescission of Acceleration. The provisions of SECTION 6.3 Section6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), inclusive, of SECTION 6.1Section6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded:
: (a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement;
; (b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under SECTIONSection6.
Appears in 1 contract
Rescission of Acceleration. The provisions of SECTION 6.3 [SECTION]6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (ij), inclusive, of SECTION 6.1[SECTION]6.1, the holders of Holders holding 66-2/3% in aggregate principal amount of the Notes then outstanding may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded:
(a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement;
(b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under [SECTION]
Appears in 1 contract
Rescission of Acceleration. The provisions of SECTION 6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), inclusive, or paragraph (m) of SECTION 6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded:
(a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement;
(b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under SECTION
Appears in 1 contract
Rescission of Acceleration. The provisions of SECTION 6.3 SS.6.3 are subject to the condition that if the thE principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), inclusive, of SECTION 6.1SS.6.1, the thE holders of 66-2/3% in aggregate principal amount of the Notes then outstanding may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded:
(a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement;; Allied Capital Corporation 2003 Note Agreement
(b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under SECTIONSS.
Appears in 1 contract
Samples: Note Agreement (Allied Capital Corp)
Rescission of Acceleration. The provisions of SECTION 6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (i), inclusive, of SECTION 6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding may, by written instrument filed with delivered to the Company, rescind and annul such declaration and the consequences thereof, provided PROVIDED that at the time such declaration is annulled and rescinded:
(a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement;
(b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under SECTION6.
Appears in 1 contract
Samples: Note Agreement (Spartan Stores Inc)
Rescission of Acceleration. The provisions of SECTION 6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of pursuant to either the occurrence of any Event of Default described in paragraphs (a) through (i), inclusive, second or third paragraph of SECTION 6.16.3, the holders of Holders holding 66-2/3% in aggregate principal amount of the Notes then outstanding may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded:
(a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement;
(b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under SECTION
Appears in 1 contract
Samples: Note Agreement (Fuller H B Co)
Rescission of Acceleration. ~Section6.4.Rescission of Acceleration The provisions of SECTION 6.3 ss.6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (il), inclusive, of SECTION 6.1ss.6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding Requisite Holders may, by written instrument filed with the Company, waive such default and rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded:
(a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement;
(b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under SECTIONss.
Appears in 1 contract
Rescission of Acceleration. The provisions of SECTION 6.3 ss.6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (ij), inclusive, of SECTION 6.1ss.6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded:
(a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement;
(b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under SECTIONunderss.
Appears in 1 contract
Rescission of Acceleration. The provisions of SECTION 6.3 (S)6.3 are --------------------------------------- subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (ij), inclusive, of SECTION 6.1(S)6.1, the holders of 66-2/376% in aggregate principal amount of the Notes then outstanding may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that -------- at the time such declaration is annulled and rescinded:
(a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement;
(b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under SECTION(S)
Appears in 1 contract
Samples: Note Agreement (U S Rentals Inc)
Rescission of Acceleration. The provisions of SECTION 6.3 (S)6.3 are subject to the condition that if the principal of and accrued interest on all or any outstanding Notes have been declared immediately due and payable by reason of the occurrence of any Event of Default described in paragraphs (a) through (ih), inclusive, of SECTION 6.1(S)6.1, the holders of 66-2/3% in aggregate principal amount of the Notes then outstanding may, by written instrument filed with the Company, rescind and annul such declaration and the consequences thereof, provided that at the time such declaration is annulled and rescinded:
(a) no judgment or decree has been entered for the payment of any monies due pursuant to the Notes or this Agreement;
(b) all arrears of interest upon all the Notes and all other sums payable under the Notes and under this Agreement (except any principal, interest or premium on the Notes which has become due and payable solely by reason of such declaration under SECTION(S)
Appears in 1 contract
Samples: Note Agreement (Bwip Inc)